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(영문) 부산지방법원 2016.04.15 2014고단10423
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Victims C;

A. On September 3, 2011, the Defendant: (a) lent KRW 7 million to the Victim C at the nursing room for the Defendant’s operation of the Defendant located in Busan Dong-gu, Busan; (b) on September 3, 201, the Defendant paid 5% of the monthly interest each month; and (c) paid the principal in full within 12 months.

“A false representation was made.”

However, the defendant did not have any intent or ability to pay money even if he/she borrowed money from the damaged person in excess of his/her obligation, such as having a financial institution obligation of 30 million won.

As a result, the defendant deceivings the victim and received seven million won in cash from the victim, namely, in the name of borrowed money.

B. On September 10, 2012, the Defendant, at the above office around September 10, 2012, repaid to the victim the amount of KRW 7 million borrowed at a low time, and the interest not paid for the last one year.

“A false representation was made.”

However, the Defendant did not have any intent or ability to repay the above even if he borrowed money from the injured party due to the aggravation of financial standing as above.

As a result, the defendant deceivings the victim and was given 6 million won in cash from the victim, i.e., the victim.

2. Victims E;

A. On January 3, 2012, the Defendant: (a) at the above office around January 3, 2012, the victim E pays 5 million won interest per month on a monthly loan of 6 million won to the nursing staff operating expenses; and (b) the principal shall be repaid in installments on March 31, 2012; (c) KRW 2 million on April 30, 2012; and (d) May 31, 2012.

“A false representation was made.”

However, the Defendant did not have any intent or ability to repay the above even if he borrowed money from the injured party due to the aggravation of financial standing as above.

As a result, the defendant deceivings the victim and was given 6 million won in cash from the victim, i.e., the victim.

B. On September 28, 2012, the Defendant was the victim on the part of the company located in the Nam-gu Busan metropolitan city.

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